Hevilift Australia (Rotary Wing) Pty Ltd T/A Hevilift

[2018] FWCA 932

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hevilift Australia (Rotary Wing) Pty Ltd T/A Hevilift

(AG2017/6157)

Hevilift Australia (Fixed Wing) Enterprise Agreement

Airline operations
Commissioner lee	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Hevilift Australia (Fixed Wing) Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Hevilift Australia (Fixed Wing) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hevilift Australia (Rotary Wing) Pty Ltd T/A Hevilift. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 11 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Hevilift Australia (Fixed Wing) Enterprise Agreement. The applicant, Hevilift Australia (Rotary Wing) Pty Ltd, trading as Hevilift, sought the approval of the agreement under the Fair Work Act 2009. The dispute arose from negotiations between the company and its employees, represented by the Australian Licensed Aircraft Mechanics Association, regarding terms and conditions of employment.

The primary legal issue for the court to determine was whether the proposed agreement met the criteria for approval under the Fair Work Act. This required the court to consider if the agreement provided for a fair and efficient workplace relationship and if it adhered to the good faith bargaining requirements. The court had to assess the agreement against statutory provisions and relevant jurisprudence to ensure it did not adversely affect the employees' terms and conditions.

The court examined the agreement in detail, reviewing its provisions to ascertain compliance with the statutory framework. It considered the bargaining process, the fairness of the terms, and the implications for the employees. After a thorough analysis, the court concluded that the agreement was fair and met the legislative requirements for approval. It was satisfied that the agreement provided for a fair and efficient workplace relationship and that the bargaining process was conducted in good faith.

The court approved the Hevilift Australia (Fixed Wing) Enterprise Agreement, thereby setting the terms and conditions of employment for the relevant employees. This decision was based on the court's determination that the agreement adhered to the statutory criteria and was fair and efficient. The approval of the agreement ensures that the terms and conditions of employment are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established